'Don't make me regret this,' judge tells defendant

IONIA COUNTY — A local women has avoided a prison sentence and will serve her time in jail after the judge told her she seems “motivated for change.”

Kaeley Auge, 25, of Muir, was in Ionia County 8th Circuit Court Tuesday for sentencing before Judge Suzanne Hoseth Kreeger.

Auge had pleaded guilty to one count of police officer — assaulting/resisting/obstructing, a two-year felony stemming from an incident May 3 involving a deputy with the Ionia County Sheriff’s Office. Auge’s sentencing guidelines were five to 23 months, however the recommendation from the probation department was for a prison sentence.

Chief Assistant Prosecutor Lori Kirkhoff told the court her office was asking for the maximum sentence, noting there was no sentence agreement.

“She is failing to comply with community sanctions or do as the court tells her. She is not a person who is a probation candidate,” Kirkhoff said. “It’s time for her to take her lumps.”

Auge’s attorney, Bruce Lincoln, argued that his client did not qualify for the sentencing alternatives that were explored and simply wanted help for her drug addiction. He added that, while she has been in jail, she has reached out on her own to find residential treatment and found a program with open beds.

“She was rejected by something that is supposed to help people. She relapsed, and she wants to clean out,” Lincoln said. “The last time we were here, she knew she had previous (convictions) on her record. She asked the court to put her in prison so she could get the help she needs. … She truly wants treatment.”

When Kreeger reviewed Auge’s unsuccessful stints with prior treatment programs, Auge told the court her failures were because she didn’t want help then. Now she does — she has a daughter, she said.

“I need it and I want it more than anything now. I've made mistakes and I'll take full responsibility for what I did. … I’m begging you for the help,” Auge said. “I don't mind being on probation, I just want help. You have my word. I will do whatever it takes. … I haven't been the best person, but I've also never asked for help.”

Probation agent Lori Bonn agreed with Kirkhoff.

“The history of the defendant does not reflect someone being successful on probation or parole,” Bonn told the court, adding that in 2015 Auge absconded from KPEP (a community-based alternative to incarceration located in Kalamazoo).

Again, Lincoln argued on behalf of his client for a jail sentence.

“I’ve seen a change,” he said. “She was two years sober (before relapsing). She sincerely wants help. She hit rock bottom. She wants to do the right thing by her child.”

Kreeger noted that, in 2012, Auge went to prison after her conviction for controlled substance and that her conduct “on paper” was troubling. Kreeger also told Auge that she brought “another life into this world” and that if she continues to abuse substances and goes to prison, statistics are not favorable for her daughter’s future.

“You’ve been provided opportunities in the past and haven't taken advantage of them. I'm very much concerned and really having difficulty in terms of balancing here,” said Kreeger. “Detective Denny is asking for prison here, and he's the one who had to put up with your bad behavior.”

In the end Kreeger acknowledged that Auge seems to have reasons to “get your act together,” but warned her.

“If you don't advantage of this final opportunity, I’m looking at exceeding the guidelines,” Kreeger said.

Kreeger sentenced Auge to one year in the Ionia County Jail, and told her if she does well, she can be released after nine months to an inpatient treatment program, which she must complete successfully. She will receive 106 days of credit for time previously served.

“You know you will be presented daily with opportunities to do the wrong thing. You'll have to step up and do the right thing. If you don’t, you’re looking at at least 24 months in prison. I would like nothing better than for you to be successful,” said Kreeger. “The ball is entirely in your court. Don't make me regret this.”

Danielle Farley, 28, of Saranac, was arraigned Tuesday in Circuit Court and pleaded guilty to one count of controlled substance — possession of methamphetamine, a 10-year felony. Her tentative guidelines are 5 to 28 months.

In exchange for her guilty plea, a second count of jails — prisoner possessing contraband will be dismissed and Farley will not be sentenced as an habitual offender — second offense, which could increase her sentence.

Farley told Judge Suzanne Hoseth Kreeger that she had the meth in her clothing when it was discovered on Sept. 20 in Ionia. She is currently serving a 93-day sentence in the Ionia County Jail for retail fraud.

Kreeger told Farley she would ask that Farley be considered for drug court.

“I need all the help I can get,” Farley said.

Jessica Herriff, 36, of Six Lakes, also pleaded guilty Tuesday in Circuit Court to one count of controlled substance — possession of less than 25 grams of fentanyl, a four-year felony.

In exchange for her guilty plea and contingent on Herriff’s acceptance into drug court, a second count will be dismissed, and she will be sentenced at the bottom end of the guidelines with no further jail. She also be sentenced under Section 7411 if she qualifies.

Section 7411 of the Michigan statutes allows for certain first-time drug offenders to plead guilty to possession, and upon successful completion of a period of probation the case will be dismissed and there will be no public record of the matter.

Herriff admitted to having fentanyl in her possession on June 11 in Ionia and said it was in a needle in her vehicle.

She is currently serving a 300-day sentence in the Eaton County Jail, from which she will be released June 8, 2018, she told the court.

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